HOUSE OF REPRESENTATIVES

THE TWENTY-SEVENTH LEGISLATURE

REGULAR SESSION OF 2014

 

COMMITTEE ON JUDICIARY

Rep. Karl Rhoads, Chair

Rep. Sharon E. Har, Vice Chair

 

Rep. Della Au Belatti

Rep. Mark M. Nakashima

Rep. Tom Brower

Rep. Clift Tsuji

Rep. Richard Creagan

Rep. Jessica Wooley

Rep. Ken Ito

Rep. Bob McDermott

Rep. Derek S.K. Kawakami

Rep. Cynthia Thielen

Rep. Chris Lee

 

 

NOTICE OF HEARING

 

DATE:

Thursday, February 20, 2014

TIME:

1:00 p.m.

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

DECISION MAKING

 

The following measure(s) were previously heard on February 13, 204 at 2:00 p.m.:

 

HB 2205

Status

RELATING TO CRIME.

Raises the mandatory minimum term of imprisonment for Habitual Property Crime to two years if an offender is sentenced to probation.

 

JUD

HB 2045, HD1

(HSCR169-14)

Status

RELATING TO PLANNED COMMUNITY ASSOCIATIONS.

Provides a remedy for community associations to recover unpaid assessments for a share of common expenses up to the time of a grant or conveyance of property. Entitles both parties to a statement from the board of directors, either directly or through its managing agent or resident manager, setting forth the amount of the unpaid assessments. Relieves the grantee of liability for any unpaid assessments against the grantor in excess of the amount set forth in the statement, except as to the amount of subsequently dishonored checks mentioned in the statement as having been received within the thirty day period immediately preceding the date of such statement. Effective 7/1/2112. (HD1)

 

CPC, JUD

HB 1926

Status

RELATING TO CRIME.

Allows crime victim compensation for labor trafficking in the first degree and promoting prostitution in the first degree. Amends the definition of "sexual conduct" as used in describing the offense of prostitution. Makes solicitation of a minor for prostitution ineligible for deferred acceptance of guilty plea. Makes promoting prostitution in the first degree eligible for deferred acceptance of guilty plea. Amends the offense of solicitation of a minor for prostitution. Clarifies sentencing of repeat offenders and enhanced sentences for repeat violent and sexual offenders.

 

JUD

HB 1750

Status

RELATING TO PUBLIC ORDER.

Establishes a criminal offense for distributing without permission a sexual recording made or obtained with the consent of the person represented in the recording.

 

JUD

 

 

 

HEARING

 

HB 712, HD1

(HSCR356-14)

Status

RELATING TO CREDIT PROTECTION.

Enables a credit reporting agency to place a security freeze on the record for a protected consumer, who is a minor or incapacitated person, upon the request of the protected consumer's representative. Effective July 1, 2112. (HB712 HD1)

 

CPC, JUD

HB 1701

Status

RELATING TO ASSAULT OF SPORTS OFFICIALS.

Makes it a Class C felony to assault a sports official as a result of the performance of duty at a sports event.

 

JUD

HB 1796, HD1

(HSCR345-14)

Status

RELATING TO EDUCATION.

Establishes conditions and procedures for the use of restraint or seclusion in public schools. Effective July 1, 2014. (HB1796 HD1)

 

EDN, JUD

HB 1797, HD2

(HSCR322-14)

Status

RELATING TO VOTING.

Requires the Department of Education to provide seniors at each public high school with voter registration information prior to graduation. Requires the Department of Human Services to provide young adults in the Young Adult Voluntary Foster Care Program with information on voter registration. Authorizes the Department of Education and Department of Human Services to assist students and young adults in the Young Adult Voluntary Foster Care Program with voter registration. (HB1797 HD2)

 

EDN, HUS, JUD

HB 1975, HD1

(HSCR20-14)

Status

RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR STATE AND COUNTY EMPLOYEES.

Allows State and counties to perform criminal history record checks on employees, prospective employees, volunteers, and contractors who work with children, have contact with vulnerable adults, have unescorted access to secured areas related to a traffic management center, handle or use firearms for other than law enforcement purposes, and work with an agency's information technology operation and have access to sensitive information. Removes exemption from employer inquiry into and consideration of conviction records of positions involving handling or use of firearms for other than law enforcement purposes. (HB1975 HD1)

 

LAB, JUD

HB 2054

Status

RELATING TO THE UNIFORM POWER OF ATTORNEY ACT.

Establishes the Uniform Power of Attorney Act. Defines the levels of authority granted in a power of attorney to the principal's agent. Requires the agent to act in good faith and within the scope of authority granted in the power of attorney. Provides sample documents to be used to create a statutory form power of attorney. Repeals Chapter 551D, Hawaii Revised Statutes.

 

JUD

HB 2242

(HSCR260-14)

Status

RELATING TO CRIME.

Updates the offenses of falsifying business records, obtaining a government-issued identification document under false pretenses in the first degree, obtaining a government-issued identification document under false pretenses in the second degree, tampering with a government record, and unsworn falsification to authorities, to address the use of new technology and make the offenses applicable to electronic or digital statements, documents, or records.

 

CPC, JUD

HB 2243

(HSCR284-14)

Status

RELATING TO CRIMINAL HISTORY RECORD CHECKS.

Allows qualified entities to conduct state and national fingerprint-based criminal history record checks on their applicants, employees, and volunteers who provide care for children, vulnerable adults, or the disabled, and to receive the results directly.

 

PBS, JUD

HB 2275

(HSCR386-14)

Status

RELATING TO MORTGAGE RESCUE FRAUD.

Clarifies definition of "distressed property consultant" and specifies that attorneys must be licensed by, and engaged in the practice of law in, the State of Hawaii in order to fall within the class of exceptions to the definition of "distressed property consultant".

 

CPC, JUD

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing. Testimony should indicate:

     Testifier's name with position/title and organization;

     The Committee(s) to which the comments are directed;

     The date and time of the hearing; and

     Measure number.

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 3 copies (including an original) to Room 438 in the State Capitol;

FAX: For testimony less than 5 pages in length, transmit to 808-586-8504 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or

WEB: For testimony less than 10MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website. This public posting of testimony on the website should be considered when including personal information in your testimony. Those wishing to provide oral testimony will be limited to two minutes.  

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6437 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live. Check the current legislative broadcast schedule on the "Capitol TV" website at www.capitoltv.org or call 536-2100.

 

 

 

 

________________________________________

Rep. Karl Rhoads

Chair